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Golden v. Planning Board

Court of Appeals of New York

285 N.E.2d 291 (1972)

Relevant factsFree

Ramapo (defendant) adopted an 18-year phased zoning law requiring developers to obtain a special permit — conditioned on adequate public services like roads, schools, and sanitation actually being available, and to be provided by the town itself rather than private developers — before subdivision approval, with permits vesting a development right once services became available but no later than the plan's final year. Golden and other property owners (plaintiffs), denied or deterred from seeking subdivision approval due to inadequate current services, sued, arguing the law was really designed to control population growth rather than serve legitimate zoning purposes; the appellate division agreed and ruled for the plaintiffs, and Ramapo appealed.

IssueFree

Whether zoning ordinances designed to assimilate population growth over time, by conditioning subdivision approval on the phased availability of public services, are lawful.

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